RFP 25-NR-1003 Master Plan for Academy District 20.pdf

Request for Proposal

RFP 25-NR-1003

Master Plan for Academy District 20

Proposals are due on or before:

November 7, 2025, 2 P.M. (MST)

All questions are to be submitted by email to:

Nancy Roth, purchasing@asd20.org

Nancy Roth, Contracts Technician 1110 Chapel Hills Drive Colorado Springs, CO 80920 purchasing@asd20.org (719)234-1274

Mandatory Pre-proposal and Q & A Meeting October 9, 2025 at 1 PM MST 1110 Chapel Hills Drive, Colorado Springs, CO 80920. Willow Conference Room RSVP to Nancy Roth (719)-234-1274 or purchasing@asd20.org mailto:purchasing@asd20.org

RFP 25-NR-1003 Master Plan for Academy District 20

Profile of Academy District 20 Academy District 20 (ASD20) prides itself in offering an unsurpassed site-based education to over 26,000 preschool through 12th grade students in the northern area of . The District is geographically and socioeconomically diverse. From the rural community of Black Forest to the growing suburban areas, to serving as home to the United States Air Force Academy, the District encompasses 130 square miles operating thirteen preschools, twenty-five elementary schools, eleven middle schools, and ten high schools within the District.

Find out more at ASD20.ORG.

1. Purpose of Request The purpose of Request for Proposal (RFP) 25-NR-1003 is to solicit and obtain, from licensed and qualified Firms, a District-wide Facilities Master Plan (FMP). Deliverables will include the following: Facilities Condition Assessment, Capacity and Utilization, Space Inventory Audit, Technology Audit.

For purposes of this RFP agency, firm, contractor, proposer, provider and bidder are used interchangeably to refer to the entity that is awarded the contract as a result of this solicitation.

2. Estimated Time Schedule October 3 , 2025 Distribute Request for Proposal October 9, 2025, 1 PM (MST) Mandatory Pre-proposal Meeting October 24, 2025, 2:00 P.M. (MST) Deadline for Emailed Questions to purchasing@asd20.org October 31, 2025 Responses to Questions November 7, 2025, 2:00 P.M. (MDT) Proposal Due Date November 14, 2025 Possible Vendor Interviews November 21, 2025 Approximate Vendor Selection

January 5, 2026 Contract Begin Date

3. Instructions to Offerors To be considered, an electronic copy (email or other method) of your Proposal and your Proposed Price must be received by the Academy District 20 Contracting and Purchasing Department, 1110 Chapel Hills Drive, Colorado Springs, CO 80920, purchasing@asd20.org, on or before the submission deadline. All proposals must include the forms provided in this package. Failure to do so may be cause for rejection of your proposal. Proposals may be submitted in electronic format.

A. Proposals must be marked plainly and prominently as follows:

RFP 25-NR-1003 Master Plan for Academy District 20 It is the responsibility of the vendor to ensure that the proposal is at the Contracting and Purchasing Department before the deadline. Unsolicited proposals and proposals from unapproved or non-qualified vendors may not to be considered.

B. Page Limitations: Proposals in response to this RFP must be limited to (50) fifty (8 ½ X 11) pages.

Pages in excess of fifty pages may not be considered as part of your proposal. A page is defined as one side of sheet, 8 1/2″ × 11″, with at least one-inch margins on all sides, using not smaller than 12-point type.

https://asd20.org/

C. All offers meeting the intent of this request for proposal will be considered for award. Vendors taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the proposal. The absence of such a list shall indicate that the vendor has not taken exceptions and shall hold the vendor responsible for performing in strict accordance with the specifications of the invitation. District reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the District.

D. In the event of any claim by any unsuccessful vendor concerning or relating to the issue of “equal or better” or “or equal” the unsuccessful vendor agrees, at his own cost and expense, to defend such claim or claims and agrees to hold the District free and harmless from any loss or damage arising out of this transaction.

E. Academy District 20 reserves the right to negotiate with the submitter of each and every proposal;

in order to best meet its needs as defined in the proposal as well as to reject any and all proposals and to waive any “informalities” in the proposal received whenever such action, rejection, or waiver is in its best interests. In all instances where price, service, and quality are determined equal, preference in the award of contract will be given to Colorado-based companies.

F. Cooperative Purchasing Efforts: The District is a member of the Cooperative Educational

Purchasing Council (CEPC). The geography of the CEPC lies along the front range of the Rocky Mountains from the Fort Collins/Greeley area in the north to Colorado Springs in the south. This membership of public purchasing departments represents approximately seventy percent (70%) of the PK12 public school enrollment in the State of Colorado. We hereby request that any member of the CEPC be permitted to avail itself of this contract and purchase any and all items specified herein from the successful Vendor(s) at the contract price(s) established herein. Each CEPC member which uses a contract(s) resulting here from would establish its own contract, issue its own orders, be invoiced there from, make its own payments, and issue its own exemption certificates as required by the Vendor. It is understood and agreed that the District is not a legally binding party to any contractual agreement made between a CEPC member and the Vendor as a result of this Solicitation.

G. Interviews may be required during evaluation: After the proposals are opened by the District, the

Vendors may be required to demonstrate the service which has been proposed for evaluation by, and at no cost to, the District. If an interview is required, the District will verbally notify the Vendor of such and will specify the date, time and location. If the Vendor fails to meet on the specified date stipulated, the District may elect to reject the Vendor's Proposal or to reschedule the interview in its best interest. The District shall be the sole judge of the acceptability of the conformance with the specifications and its decision shall be final.

4. AWARD

A. Academy District 20 reserves the right to:

1. Accept or reject any or all proposals received as a result of this RFP.

2. Waive or modify informalities and any irregularities in the responses received.

3. Select the vendor it deems to be most qualified to fulfill the needs of the District. Proposals submitted will be evaluated by an Evaluation Committee. During the evaluation process, the Evaluation Committee and the District reserve the right, where it may serve the District’s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the District or the Evaluation Committee, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. In all instances, the decision rendered by the Board of Education (if necessary) shall be final and not subject to contest by others.

The District reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the District and the firm selected.

Academy District 20 intends to make an award to the best value and lowest responsive, responsible Offeror, price and other factors considered. The District is seeking “Best Value” in the evaluation process. The evaluation committee may award to multiple vendors to provide the District with a variety of resources for needed services.

B. Proposals shall remain open and valid and subject to acceptance for one hundred twenty (120) days after opening date unless otherwise stipulated.

C. The successful vendor(s) shall be furnished a Purchase Order with the District’s billing instructions.

If multiple purchase orders are requested, the total of all purchase orders shall equal the proposal total.

D. The vendor shall not assign or transfer any or all of its rights, burdens, duties, or obligations without the prior written consent of the District.

5. Termination of Contract A. The District may, by written notice to the successful Vendor, terminate the contract if the Vendor has been found to have failed to perform its service in a manner satisfactory to the District as per specifications, including delivery as specified. The date of termination shall be stated in the notice.

The District shall be the sole judge of non-performance.

B. The District may cancel the contract upon thirty days’ written notice for a reason other than cause.

This may include the District’s inability to continue with the contract due to the elimination or reduction of funding.

6. Evaluation Criteria

In order to facilitate the evaluation and selection process, vendors are requested to submit responses that include, in this order, the following information. (30 Total Points)

A. Management Summary: A management summary must be included which provides an overview of the Vendor’s information and highlights the benefits. Vendors should emphasize why their solution is best suited to meet the needs of the District. This summary must be signed by an authorized official who can represent the information provided. The Vendor’s response to each of the requirements and other requests for information is contractually binding. (5 Points)

B. Vendor Profile: Provide a brief description and history of your company including current size, organization and support staff and a general overall profile. Vendor must supply three current references to include: name of company, contact, phone number and address. The references must be multi-site customers similar in size to Academy District 20. Include specifics of the last project similar to this one and completion dates. (5 Points)

C. Proposed Price - Total Itemized All-Inclusive Maximum Price: The proposed price should contain all pricing information related to performing the services as described in this request for proposal. The total all-inclusive maximum price is to contain all direct and indirect costs including all out-of-pocket expenses. Also include line item pricing options (to be priced by section, school level, and year). For instance, price out for Elementaries, Middle Schools, and High Schools all together until complete and price by level by year: Elementaries in one year, MS the next year, HS the 3rd year.

D20 may want to do this project all at once or spread it out over 3 years. (5 Points)

Add Alternate: Price for inputting updated building capital equipment data into Brightly/Schooldude. This will require learning the software and how to manipulate information in Maintenance Direct and Preventative Maintenance Direct modules of the software.

D. Scope of Work Approach: Vendor must provide a narrative outlining the methods to be used to collect data and include information regarding who will perform which tasks. The narrative should be written for an audience of the end-user community. Descriptions should include all products proposed by third-parties to meet the District’s Functional and Technical Requirements identified in this RFP. The proposal should include the project and implementation team organizational structure, project roles and responsibilities, and key team member resumes of the proposed project personnel resources. The implementation team as well as the personnel involved in live operation and ongoing support and maintenance shall be included as necessary/required. (5 Points)

E. Proposed Schedule: Include schedules for pricing options in section 6.C. (5 Points)

F. Completeness of Proposal: Does response include all items requested in the RFP, is it organized and easy to follow? (5 Points)

The District will not be responsible for expenses incurred in preparing and submitting the proposal.

Such costs should not be included in the proposal.

The first page of the proposed price should include the following information:

1. Name of Firm

2. Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the District.

7. Interpretations or Changes

A. Changes in the specifications for quality level purposes and or specifications presented in the proposal package shall be posted to the District’s website at:

• Rocky Mountain Bid System: www.RockyMountainBidSystem.com

• Academy District 20 website: www.asd20.org

All changes will become part of the Proposal Document by this reference, and all vendors shall be bound by such changes, whether or not the vendor received it.

B. Should a vendor find discrepancies, or errors in the Documents, the vendor shall notify the District

Contracting & Purchasing Department no later than ten (10) days prior to the date of the Proposal Opening.

8. Taxes

Vendor shall not include federal, state or applicable local excise or sales taxes in proposal prices, as the District is exempt from payment of such taxes. For state sales and use taxes, it shall be the responsibility of the vender to complete and file an “Application for Exemption Certificate” with the Colorado Department of Revenue.

9. Certificate of Insurance Vendor shall provide Academy District 20 with certificates of insurance evidencing the policies listed below prior to the commencement of services. Academy District 20 shall be named as additional named insured as its interests may appear for all Commercial General Liability insurance and on all Comprehensive Automobile Liability insurance if the vehicles are to be used on Academy District 20 property.

10. Insurance At all times during the term of this contract, vendor shall carry and maintain in full force at vendor’s expense the following insurance policies with insurance companies requiring minimum of thirty (30) days’ notice to Academy District 20 of change or cancellation (including cancellation for nonpayment of premium).

A. Commercial general liability must include premises and operations, products and completed operations, contractual liability, personal and advertising injury liability and broad form property damage).

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury Limit $1,000,000 Fire Damage Limit $50,000 Medical Expense Limit $5,000

B. Professional Liability (Errors and Omissions) $5,000,000 http://www.govbids.com/scripts/co1/public/home1.asp?utm_medium=referral&utm_source=ACA87CO&utm_campaign=web_site http://www.asd20.org/

C. Automobile Liability (Must Include Owned, Non-Owned and Hired Autos) Combined Single Limit $1,000,000 D. Umbrella/Excess Liability Each Occurrence $1,000,000 E. Workers Compensation/Employers Liability Per Occurrence Limit $100,000 Disease Policy Limit $500,000 Disease Each Employee $100,000 F. Must include a blanket waiver of subrogation endorsement.

Crime Insurance for Employee Dishonesty Per Claim $1,000,000 Cyber Liability for loss of data risks Per claim/aggregate $5,000,000 Professional Liability (errors, omissions) per claim/aggregate $5,000,000

G. A certificate of insurance verifying coverage must be submitted with the proposal. The initial certificate can be a copy and does not have to show Academy District 20 as a certificate holder or additional insured.

H. Upon award of the contract, an original certificate must be provided naming Academy District 20 as an additional insured under the General Liability, as well as a copy of the endorsement to the policy with respect to that particular project.

11. Non-Collusion

The vendor certifies that this proposal is made without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same project, and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

12. Indemnification To the fullest extent permitted by applicable law, the Vendor shall save, indemnify and hold harmless the District against or from all costs, expenses, damages, injury or loss to which said District may be subjected by reason of any wrongdoing, misconduct, want of care, skill, negligence, or default in the execution or performance of contract and shall save and keep harmless the District against and from all claims and losses to it from any causes whatsoever, including actual or alleged patent infringements in the matter of making, furnishing and delivering materials/services as called for in proposal document.

The parties acknowledge that the District is not waiving any right, immunity, or protection provided by the Colorado Governmental Immunity Act, CRS 24-1-101, et. seq.

13. Option to Extend the Term of the Contract Terms of Agreement: The Agreement provides for a one-year base contract with an option to extend the contract for four (4) one-year periods.

A. The District may, by giving written notice to the Contractor 30 days before the annual expiration, extend the term of this contract.

B. This Contract is not intended to create a multiple fiscal year debt or other obligation and the

District’s obligations hereunder shall be interpreted and limited in such a manner as to avoid creation of a multiple fiscal year debt or other obligation under the terms of Article X, Section 20, Paragraph 4(b) of the Colorado Constitution.

14. Federal Funding / Certifications

A. The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than simplified acquisition threshold for each such failure.

B. Debarment and Suspension. Subpart C of the OMB guidance in 2 CFR Part 180, as implemented by the Department of Defense in 2 CFR Part 1125.

The Recipient also agrees to communicate the requirement to comply with Subpart C to persons at the next lower tier with whom the Recipient enters into transactions that are “covered transactions” under Subpart B of 2 CFR Part 180 and the DoD implementation in 2 CFR Part 1125.

When a Recipient enters into a contract that utilizes federal awards of $25,000 or more, that Recipient must verify that the vendor is not suspended or debarred or otherwise excluded. This verification may be accomplished by checking the Excluded Parties List System (EPLS) which can be accessed via System for Award Management (SAM) https://www.sam.gov, collecting a certification from the vendor, or adding a clause or condition to the contract with that vendor. In addition, Recipient personnel responsible for federal grant administration should receive ongoing training to understand the laws and regulations that apply to its federal grant awards. A print-out of this research, as proof, must be placed in the file for audit purposes.

C. Nondiscrimination. Provisions of the following national policy requirements (as applicable) with respect to the prohibition of discrimination:

1. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d, et seq.), as implemented by DoD regulations at 32 CFR Part 195.

2. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C.

1681, et. seq), as implemented by DoD regulations at 32 CFR Part 196.

3. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR Part 90.

4. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), implemented by Department of Justice regulations at 28 CFR Part 41 and DoD regulations at 32 CFR Part 56.

D. Hatch Act. 5 U.S.C. 1501-1508 and 7324-7328, as implemented by the Office of Personnel

Management at 5 CFR Part 151, which limits political activity of employees or officers of State or Local governments whose employment is connected to an activity financed in whole or in part with Federal funds.

E. Drug-Free Workplace. Requirements regarding drug-free workplace requirements in Subpart B (or

Subpart C, if the recipient is an individual) of 32 CFR part 26, which implements sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).

15. Subgrants A. State grantees shall follow state law and procedures when awarding and administering subgrants

(whether on a cost reimbursement or fixed amount basis) of financial assistance to local and Indian tribe governments. States shall:

1. Ensure that every subgrant includes any clauses required by Federal statute and executive orders and their implementing regulations;

2. Ensure that subgrantees are aware of requirements imposed upon them by Federal statute and regulation;

3. Ensure that a provision for compliance with DoD Grant and Agreement Regulations (DoDGARs)

33.42 is placed in every cost reimbursement subgrant; and

4. Conform any advances of grant funds to subgrantees substantially to the same standards of timing and amount that apply to cash advances by Federal agencies.

B. All other grantees shall:

1. Ensure that every subgrant includes a provision for compliance with this part;

2. Ensure that every subgrant includes any clauses required by Federal statute and executive orders and their implementing regulations; and

3. Ensure that subgrantees are aware of requirements imposed upon them by Federal statutes and regulations.

C. Exceptions. By their own terms, certain provisions of this part do not apply to the award and administration of subgrants:

1. Section 33.10;

2. Section 33.11;

3. The letter-of-credit procedures specified in Treasury Regulations at 31 CFR Part 205, cited in

§33.21; and

4. Section 33.50.

16. Annual Appropriation

This Contract is not intended to create a multiple fiscal year debt or other obligation and the District’s obligations hereunder shall be interpreted and limited in such a manner as to avoid creation of a multiple fiscal year debt or other obligation under the terms of Article X, Section 20, Paragraph 4(b) of the Colorado Constitution.

17. Termination for Cause If either party is in default under this contract, it shall have an opportunity to cure the default within 30 days after it is given written notice of default by the other party, specifying the nature of the default. If the default is not cured within 30 days after notice of default has been given; the non-defaulting party shall have the right, in addition to all other remedies at law or equity, to immediately terminate this contract. Failure to complain of any action, non-action or default under this Agreement shall not constitute a waiver of any of the parties’ rights hereunder.

The District may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the District, upon request, with adequate assurances of future performance. In the event of termination for cause, the District shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the District for any and all rights and remedies provided by law. If it is determined that the District improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

18. Termination for Convenience The District may terminate performance of this contract in whole, or in part if the District determines that a termination is in the District’s interest with a 30-day written notice. The Contractor after receipt of a Notice of Termination shall stop work on the cancellation date specified in the Notice. The District will conduct an audit of the Contractor’s costs to determine reasonable costs expended to date of cancellation, or the District may determine the contractors cost based the exact cost of any work performed. The contractor will not be reimbursed for any anticipated profit.

19. Confidentiality Statement As a public entity, Academy District 20 is subject to the Colorado Open Records Act (CORA), C.R.S. § 24- 72-201 to 206, and records maintained by the district may be available for public inspection upon request, in accordance with state law.

20. Methods of Payment Academy District 20 uses the following methods for payment. They are listed below in their order of preference.

1. Single Use Account: In an effort to eliminate paper and improve our payment efficiencies with our strategic partners, Academy District 20 is enrolled in a virtual credit card payment system. With this payment method, Academy District 20 provides a “virtual” credit card account number to pay for goods or services. This card number will only be valid for one payment and expires after each use. This will be Academy District 20’s preferred method of payment, and you will be asked to accept payment in this manner. Under this method, payments are made after verification of receipt of the goods or services by the receiver and within 5 days after receipt of a proper invoice.

2. Credit Card Payment after issuance of Purchase Order: In an effort to eliminate paper and improve our payment efficiencies with our strategic partners, Academy District 20 uses credit cards to make payments. Under this method, payments are made after verification of receipt of the goods or services by the receiver and within 15 days after receipt of a proper invoice.

3. District Check after issuance of Purchase Order: Academy District 20 makes payments via District check. Under this method, payments are made after verification of receipt of the goods or services by the receiver and within 30 days after receipt of a proper invoice.

21. Labor, Workmanship, and School Security

All Work under this Contract shall be performed in a skillful and workmanlike manner and in accordance with the Contract Documents. The Vendor shall be and remain liable to the District in accordance with Applicable Law for all damages to the District caused by the Vendor’s failure to perform the Work under this Contract in a skillful and workmanlike manner and in accordance with the Contract Documents.

The Contracting Officer may require that the Vendor immediately remove from the Job Site any employee whom the Contracting Officer or on-site school personnel deem to be objectionable. The Vendor shall not utilize, in the performance of this Contract, any laborer or employee who has been convicted of a violent crime or a crime of such nature (such as child related offenses) as to categorize the person as being unsuitable for working around school children, or has engaged in such conduct, in the last five years, as to be similarly categorized, or who, in the opinion of the Vendor or the District, is otherwise unsuitable for working on the Project. Suitability shall be determined by performance of security/background checks (as are necessary in light of the potential of contact with the District’s students, staff, property, or sensitive records maintained at District sites) by the Vendor on all laborers and employees utilized in the performance of the Work. When there is reasonable doubt regarding a particular person's suitability, the Contractor may make a request through the District's Contracting Officer for an approval/opinion prior to the individual beginning work. The Vendor shall submit to the District copies of all security/background checks performed within twenty-four (24) hours of a request by the District for such information.

The District may request copies of these security/background checks up to one (1) year after Turnover of the Project. Failure to complete or submit any required constitute an Event of Default, and may result in termination of the Contract, removal from the active vendor and Offeror list for up to one (1) year, or any other available legal or contractual rights or remedies.

All contract providers have a responsibility to make themselves familiar with ASD20 Board of Education policies GBEA, Staff Ethics/Conflict of Interest, and GBEB, Staff Conduct and Responsibilities.

The Vendor, including without limitation its laborers and employees, shall not fraternize or otherwise communicate with students except in cases of safety and like necessities.

The Vendor shall not allow any laborer or employee to wear objectionable clothing or caps with other than company logo, (objectionable clothing will be determined by the District’s on-site personnel), or use profanity in any manner while on District property.

The Vendor shall ensure that its laborers and employees fully comply with all District policies/regulations pertaining to restrictions that may affect anyone on District owned property.

Examples of these current policies/regulations include:

A. Each person or each foreman representing a group of laborers must sign in at the school's main office upon arrival at the Job Site.

B. Each person shall maintain professional workmanlike attire.

C. No person shall use tobacco, or possess alcohol or any controlled, illegal or dangerous substance on District property.

D. No person shall possess any "weapon" of any kind as defined in District policy, including without limitation a pocketknife that is not directly used as a tool for Work in progress.

Removal of a specific person from the Project as a result of any condition mentioned above shall not relieve the Vendor from timely performance of the Work and shall not be considered grounds for a request for additional funds to complete the Project.

22. Colorado Governmental Immunity Act Except as expressly provided herein, Academy District 20 retains all of its rights under the Colorado Governmental immunity act, Section 24-10-101, ET. seq., C.R.S. This contract shall not be construed to create any right or benefit for any person who is not a party to this contract.

23. Change Orders The Contracting Officer may issue a change in the work or the manner of work, which causes an increase, or decrease in the cost of the work. If a change that is ordered by the Contracting Officer causes an increase or decrease in the cost of the work, the Contractor shall prepare and present to the Contracting Officer a proposed change order with a cost estimate of any such increase or decrease.

The District shall review the cost estimate and either agrees or both parties shall negotiate a cost. If an agreement cannot be reached, then the Contracting Officer shall determine reasonable actual costs, including a reasonable overhead and profit and will use that amount in the issuance of a unilateral modification. The Contractor agrees to perform the changed work, which shall become part of the contract even during the process of disputing the final amount determined by the Contracting Officer.

Any dispute will be settled in accordance to the dispute clause. Any additional work performed by the Contractor that has not been ordered by the Contracting Officer shall be at the Contractor’s expense and is not subject to reimbursement.

24. Force Majeure No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) shortage of adequate power or transportation facilities; and (h) other similar events beyond the reasonable control of the Impacted

Party. In the event that the Impacted Party's failure or delay remains uncured for a period of 10 days following written notice given, either party/the other party may thereafter terminate this Agreement upon 10 days' written notice.

25. DISPUTES

A. This contract is subject to the Contract Disputes under Colorado Revised Statutes (CRS) Title 24

Article 109.

B. Except as provided in the CRS, all disputes arising under or relating to this contract shall be resolved under this clause.

C. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant.

However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim until certified as required by subparagraph (d)(2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

D. A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within six months after accrual of the claim to the Contracting Officer for a written decision. A claim by the District against the Contractor shall be subject to a written decision by the Contracting Officer.

E. 1. The contractor shall provide the certification specified in paragraph (d) (2) (iii) of this clause when submitting any claim exceeding $50,000.

2. The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

3. The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the District is liable; and that I am duly authorized to certify the claim on behalf of the Contractor."

F. The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

G. For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

H. The Contracting Officer's decision shall be final unless the Contractor appeals to the Head of the Purchasing Agency or the Executive Director, or files a suit as provided in the CRS. As defined in CRS 24-101-301: The Head of Purchasing Agency is the Chief Financial Officer; The Executive Director is the Superintendent.

I. If the claim by the Contractor is submitted to the Contracting Officer or a claim by the District is presented to the Contractor, the parties agree first to attempt to resolve the dispute through Alternative Dispute Resolution (ADR).

J. The parties agree not to discuss any dispute with the press/media during the resolution process.

K. Interest will be computed in accordance with CRS 24-109-301 L. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

26. Service of Protests

Protests, in accordance Colorado Revised Statutes 24-109-102, may be served by an actual or prospective bidder, Offeror, or contractor who is aggrieved in connection with this solicitation or award of any contract resulting from this solicitation to the Contracting Officer or the Head of the Purchasing Agency. In the case of Academy District 20, the Head of the Purchasing Agency is the Chief Financial Officer. Any protest shall be submitted in writing within seven working days after such aggrieved person knows or should have known of the facts giving rise thereto.

27. Lobbying Provider shall comply with § 24-6-308, C.R.S. regarding Lobbying. The parties agree, whether expressly prohibited by federal law, or otherwise, that no finding associated with this contract will be used for any purpose associated with or related to lobbying or influencing or attempting to lobby or influence for any purpose the following:

A. Any federal, state, county or local agency, legislature, commission, counsel or board;

B. Any federal, state, county or local legislator, commission member, counsel member, board member or other elected official; or C. Any officer or employee of any federal, state, county or local agency; legislature, commission, counsel or board.

28. Non-Compete Academy School District 20 will not implement or honor non-compete agreements, including non-solicitation clauses, in contracts with vendors. In short, due to the passage of SB 21-271, C.R.S. § 8-2- 113 voids such non-compete agreements and may result in criminal liability for violations.

Non-compete agreements in Colorado, including non-solicitation clauses, are considered void unless subject to one of four exceptions. Those exceptions relate to contracts: (1) for the purchase and sale of a business or the assets of a business; (2) for the protection of trade secrets; (3) for the recovery of the expense of educating and training a staff member under certain conditions; and (4) for executive and management personnel. Any restrictive covenants outside those exceptions are unlawful. The knowing implementation of a void restrictive covenant is also a crime. So, for example, asking a specialized service provider with no access to trade secrets and zero management responsibility to sign a non-compete could subject the District and the supervisors involved in the non-compete agreement to criminal liability.

29. Special Conditions Having read carefully the proposal conditions and the specifications, the undersigned submits the following proposal. Any special conditions the District needs to know with regard to your proposal must be listed here:

Representations and Certifications Required Response Form

This proposal must be submitted to the Contracting and Purchasing Office of Academy District 20, or by email to purchasing@asd20.org on or before the submission deadline. Proposals are due and will be logged at that time. Proposals received after 2 p.m. on that date will not be considered. It is the offerors’ sole responsibility that their proposal has been received by Academy District 20.

The undersigned acknowledges that the governing board of the Academy District 20 reserves the right to reject any and all proposals and/or waive any irregularities or information in the proposal process.

Anti-collusion Statement/Public Domain By submitting and signing my proposal, I hereby certify that I and to the best of my knowledge no one in my firm has discussed or compared offers with any other offerors for the purpose of restricting or controlling competition or entering into collusion. We further certify that we meet the Colorado State Revised Statutes concerning anti-collusion.

Proposal Certification I hereby certify that I am submitting the following information as my company's proposal. I understand that by virtue of executing and returning with this proposal this required response form, I further certify full, complete and unconditional acceptance of the contents of the entire proposal. I also agree to be bound by any and all specifications, terms, and conditions contained in the request for proposals if amended. I fully understand that the following are requirements of the request for proposal and that failure to comply with those requirements may result in the rejection of an offer. One complete proposal including this required response form, a technical offer and a separately sealed monetary offer, including any necessary addenda, must be fully executed and returned before the submission deadline, to purchasing@asd20.org in the Contracting and Purchasing Office in accordance with the submittal requirements. The proposal must contain all information required by and described in the

RFP.

OFFEROR NAME: _______________________________________________________________

STREET ADDRESS: _______________________________________________________________

CITY, STATE, ZIP: ________________________________________________________________

PRINTED NAME OF AUTHORIZED REPRESENTATIVE: ____________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE: _______________________________________

TITLE: ___________________________________ DATE: _______________________________

CONTACT PERSON: _______________________________________________________________

TELEPHONE: _____________________________ FAX NUMBER: _________________________

E-MAIL ADDRESS: ________________________________________________________________

mailto:diane.britton@asd20.org mailto:diane.britton@asd20.org

Receipt of amendments certification for:

The Offeror shall acknowledge all amendments to this solicitation, and complete the following information with the submission of the proposal.

Acknowledgements of amendments(s):

Amendment number, date and time received:

By: _______________________________________________ Date: _____________________ Signature of Agent

SCOPE OF WORK FOR PROPOSAL

Detailed Scope of Work The Consultant will collaboratively work with the District to create a comprehensive Facility Master Plan (FMP). District 20 last completed a Facility Master Plan in 2007 prepared by D20. A copy of this plan will be available to awarded vendor upon request.

The Consultant shall develop the FMP using industry-standard graphics, mapping, drafting, and document production software. The FMP shall be thorough, professional, high quality, well written, state-of-the-art, and simple to use and maintain. The final FMP shall be presented in printed and electronic formats of professional quality to be approved by District 20.

The FMP shall also include an overview of the school district and include specific components:

educational programming and adequacy plans, facility standards based on existing and/or future needs, facility condition and suitability assessments of all schools and support buildings, capacity and utilization analyses, and capital availability analysis. The FMP shall include the following information:

Complete Inventory of facilities This portion of the assessment should include, in spreadsheet format, all facilities owned or leased by the school district including, educational facilities, administration buildings, gymnasiums, multipurpose facilities, libraries, cafeterias, maintenance buildings, storage buildings, storage sheds, water pump houses, concession stands and sports fields and bleachers. Also include interactive dashboard or equivalent.

The following information should be included for each facility:

• Name of facility;

• Address of facility;

• Use of facility (i.e. elementary school, preschool, etc.);

• Square footage of facility; o Verification of SF of facility;

• If previous drawings and/or the statewide assessment are used to determine SF, the information is to be field verified for accuracy;

• Year built;

• Description of construction (i.e. slab on grade with masonry walls and metal roof, etc) ;

• Additions to facility: o Use of addition;

• Square footage of addition;

• Year of addition;

• Description of construction.

Provide a site plan of each facility locating the property line along with notes of important site and building elements. The use of satellite map imagery illustrates site and building elements.

Energy, Mechanical, Electrical, Plumbing, Kitchen, Roof Analysis

• Include a code review and energy efficiency evaluation. Include utility costs and other operating costs for each building. Identify areas of the building where thermal comfort is not being achieved through adequate heating, cooling and natural ventilation and identify areas where the thermal envelope is compromised. Identify areas not meeting current energy codes;

• Evaluate the major heating and cooling systems for energy efficiency, condition and operation and also evaluate the lighting systems for energy efficiency, condition and operation.

• Evaluate plumbing systems

• Evaluate kitchen equipment and determine surplus, obsolete, broken equipment.

• Include roof evaluation for each location and replacement cost using 115 mil adhered EPDM with hail resistant ISO board.

SF Analysis Master Plan materials should:

• Clearly outline the total SF and the SF for each facility;

• Identify SF/student;

• Identify capacity of the current facilities compared to the current enrollment and how it relates to the programs being delivered;

• Include a utilization matrix showing how the facilities are currently utilized.

Site Evaluation

• Include site evaluations including bus/vehicle/pedestrian traffic patterns, sports fields, soft and hard playground surfaces, parking lots and safe parent/student/staff conditions, ADA compliance for general use of the building, site lighting, site drainage, and deficiencies noted;

• Emergency and fire department access to site and building for existing and proposed site improvements and building improvements;

• Master plan should include evaluation of existing utility infrastructure and its location with respect to the existing and proposed facilities for power, water, sanitary and storm sewer, and telecommunication systems;

• Acreage for each site.

Technology Describe the technology infrastructure:

• Network Topology o Type of cabling;

o Type and Age of hardware;

o Source of bandwidth and Internet connectivity.

• Network Infrastructure o Data network equipment;

o Voice network equipment;

o Firewall and security;

o Backup and Recovery;

o Availability and campus connectivity if applicable.

• System Standards and Specifications o Operating System;

o Active directory standards;

o Email Services;

o Wireless Services.

• Educational Technology o Smart Boards;

o Student Equipment;

o Laboratory Equipment;

o Other Classroom Equipment.

• Cell Towers o Include count by location

Programming Needs Assessment The consultant shall conduct interviews with designated District representatives to elicit individual perspectives of problems needing solutions and observations of past, current, and expected future operational and facility needs and deficiencies.

For each building, the consultant shall provide building programming to:

• Identify the nature of work performed in or function of each workspace.

• Identify the number of employees using each space.

• Identify ancillary and accessory programming requirements, such as, but not limited to, data and communications, conference/meeting rooms, printer/copier areas, and file & storage space. Also include functional spaces, such as restrooms, mechanical spaces, vestibules, stairwells, hallways, and similar space allocations.

• Identify security issues and concerns and ways they can be addressed (cameras, secure entrances, fire and equipment alarms, building monitoring, etc.).

• Assess whether the space is currently adequate given the nature of the work performed therein or the function thereof.

• Assess whether the space will be adequate into the foreseeable future (5, 10, 20, and 30 years out) given the nature of the work performed therein or function thereof and the possible expansion of the work or the number of employees performing such work.

• Assess each facility’s…